Operating a vehicle after consuming alcohol is against the law in Greenville, and violating this prohibition can lead to severe repercussions. Individuals who drive under the influence often believe they pose no danger to themselves or others. They may assume they can drive and reach their destination safely. Many are unaware that they have exceeded the legal limit of alcohol consumption. Most prosecutors do not view this with leniency. They approach drunk driving with utmost seriousness. If you have been arrested for driving under the influence, contacting a Greenville drunk driving accident attorney is essential.
South Carolina legislation establishes specific blood alcohol limits, testing protocols, and penalties for operating a vehicle after drinking. Both criminal and administrative sanctions, including fines, potential incarceration, and license suspension, are potential outcomes of drunk driving.
The aftermath of a drunk driving arrest can significantly disrupt your life. In addition to the potential legal penalties, the stigma of being charged with driving under the influence of substances can be substantial.
Our attorneys understand South Carolina’s drunk driving laws and the procedural facets of court proceedings. Instead of grappling with the legal intricacies on your own, you can rely on an experienced drunk driving attorney to lead you through the process, elucidate what to anticipate at each stage, and outline the probable outcomes of your case. Contact us at (864) 770-7710 for a free consultation.
Contact our office at (864) 770-7710 for a free consultation. We serve clients across Greenville.
Facing drunk driving charges in Greenville can be a daunting and life-altering experience. The legal consequences, potential fines, and damage to your personal and professional reputation can be severe. When you find yourself in such a situation, securing the services of a competent and experienced legal team adept in offering drunk driving defense is essential.
One such reputable legal firm that stands out in Greenville is Whalen Montalvo. Here are some reasons why choosing us puts you in a better position to win your case.
Expertise in Drunk Driving Defense
Whalen Montalvo has a proven track record in handling drunk driving cases. James Whalen and Eric Montalvo have extensive experience and a deep understanding of the nuances of defending individuals accused of driving under the influence. Our expertise allows us to build strong and effective defense strategies tailored to the unique circumstances of each case.
Local Knowledge and Experience
Navigating the legal landscape in Greenville requires a thorough understanding of local laws, law enforcement practices, and the intricacies of the judicial system. We have a strong local presence and a deep knowledge of the local legal landscape. This local insight is invaluable when crafting a defense strategy that can make a difference in your case.
Cutting-Edge Legal Techniques
We are known for our innovative approach to defense, leveraging cutting-edge techniques and legal precedents to challenge evidence and build compelling cases. This proactive stance sets us apart as a forward-thinking and resourceful legal ally.
Personalized Attention
Unlike larger, impersonal law firms, we place a premium on delivering personalized attention to each client. This commitment ensures that your case receives the individualized focus and care it deserves, with a dedicated legal team working tirelessly to secure the best possible outcome.
Aggressive Advocacy
Facing drunk driving charges is a serious matter, and we are known for our aggressive advocacy on behalf of our clients. We leave no stone unturned in challenging the evidence, questioning the legality of the traffic stop, and scrutinizing the actions of law enforcement officers. Our dedication to a vigorous defense can be the difference between an acquittal and a conviction.
In South Carolina, it is illegal to operate a motor vehicle while under the influence to an extent that significantly impairs your ability to drive. If your blood alcohol concentration (BAC) reaches 0.08% or higher, it is automatically assumed that you were driving while intoxicated by alcohol. If your BAC is between 0.05% and 0.08%, the prosecution can use this information and other evidence, such as a failed field sobriety test.
The DUI laws in South Carolina also prohibit individuals under the age of 21 from driving with a BAC exceeding 0.02%. According to South Carolina’s “zero tolerance” law, if a driver under 21 is caught with a BAC above 0.02%, their license will be suspended for three or six months if they have a prior DUI conviction or a history of license suspension within the past five years.
Refusal to consent to BAC testing by an underage driver will result in a six-month license suspension or one year if they have a previous DUI conviction or license suspension within the past five years.
In addition to administrative penalties, South Carolina DUI convictions can lead to the following additional consequences:
First-Time DUI Offense
In South Carolina, a first-time DUI is considered a misdemeanor and carries different penalties based on your blood alcohol concentration (BAC). If your BAC is below 0.10%, you may face a $400 fine, a maximum jail sentence of 30 days, and a 6-month driver’s license revocation. The days in jail and a 6-month license revocation. Those with a BAC exceeding 0.16% can expect a $1,000 fine, a maximum jail term of 90 days, and a 6-month license revocation.
Second-Time DUI Offense
A second DUI offense in South Carolina is also categorized as a misdemeanor. The consequences vary depending on your BAC. If your BAC is below 0.10%, you could face a $5,100 fine, a jail term of up to 1 year, and a 1-year license revocation. The penalties for individuals with a BAC of 0.10% to 0.16% include a $5,500 fine, up to 2 years in jail, and a 1-year license revocation. Those with a BAC above 0.16% may incur a $6,500 fine, a potential jail sentence of up to 3 years, and a 1-year driver’s license revocation.
Third DUI Offense
A third DUI offense in South Carolina is classified as a misdemeanor. Offenders with a BAC under 0.10% may face a fine of $6,300, a maximum jail term of 3 years, and a license revocation period of 2 or 4 years. For those with a BAC between 0.10% and 0.16%, the penalties include a $7,500 fine, a potential jail sentence of up to 4 years, and a 2- to 4-year driver’s license revocation. Individuals with a BAC exceeding 0.16% may incur a $10,000 fine, a potential jail sentence of up to 5 years, and a 2- to 4-year license revocation period.
Fourth or Subsequent DUI Offense
A fourth or subsequent DUI offense is considered a felony in South Carolina. Offenders with a BAC under 0.10% may face lifetime license revocation and a potential jail term of up to 5 years. Those with a BAC between 0.10% and 0.16% could face permanent license revocation and a potential jail sentence of up to 6 years. The penalties for individuals with a BAC exceeding 0.16% include lifetime license revocation and a potential jail term of up to 7 years.
In addition to these criminal penalties, a breath alcohol ignition interlock device may be required once the driver’s license suspension period has ended.
Drunk driving laws in Greenville can often be difficult to understand. Our Greenville drunk driving accident attorneys are familiar with the legal implications of a drunk driving charge. We work relentlessly to ensure this DUI charge does not impact your future.
An experienced drunk driving attorney can provide you with a comprehensive understanding of the charges against you while protecting your rights. At Whalen Montalvo, we will stand by your side, ensuring a smooth court process and striving for a swift resolution.
Here are some of the key ways we can assist you:
Obtaining an expungement can seem difficult, but our attorneys possess the expertise to streamline the process.
We offer comprehensive assistance with all legal aspects of your DUI charge, from initial police contact to trial. We take pride in upholding your rights and ensuring your comprehension of every facet of the legal proceedings.
If you or a loved one faces DUI charges in Greenville, South Carolina, contact us today to explore how we can provide valuable support.
Our Greenville drunk driving accident lawyer will review your case and help you explore your options. Schedule a free consultation.
There are various defenses against a drunk driving charge, even if the prosecutor presents the case as ironclad. Our Greenville drunk driving accident attorneys recognize the potential defenses at your disposal and vigorously advocate for your rights. These defenses may include, but are not restricted to the following:
Issues With Breathalyzer Test Results
Even if the arresting officer followed proper procedures and documented your breathalyzer tests, various factors can invalidate the results. Potential problems may include incorrect calibration of the device or insufficient training of the administering officer, leading to non-compliance with necessary protocols.
Furthermore, some situations can yield inaccurate Blood Alcohol Content (BAC) readings, such as:
Lack of Recorded Breath Tests and Traffic Stop
In South Carolina, police officers are required to record video footage of each DUI traffic stop they conduct. This recording should commence as soon as they activate their flashing lights and must include all aspects, including administering the breathalyzer test.
If the attending officer failed to record your traffic stop or the video indicates that the officer deviated from the correct procedure, you may have grounds for a “not guilty” verdict.
It’s important to note that there are limited exceptions to the video recording requirement in South Carolina. The officer is not obligated to record a DUI traffic stop in cases of exigent circumstances or when it is physically impractical to do so.
However, these exceptions are not typically applicable. We can help request a copy of your arrest video; if it is unavailable, it falls upon the police and the prosecutor to provide a valid justification for its absence.
Challenges With Standardized Field Sobriety Tests
While implied-consent laws may require submission to a breath test, they do not apply to standardized field sobriety tests (SFSTs). If you voluntarily underwent SFSTs (even without realizing you had the option to refuse), your performance on these tests may be used against you in court.
However, for SFST results to hold weight in a drunk driving case, the arresting officer must administer the tests correctly and accurately interpret the suspect’s performance.
Many factors can render standard field sobriety tests unreliable. This includes failure to consider alternative explanations for poor performance (for example, a medical condition) or inadequately explaining the tests to the driver.
If the results are deemed unreliable, and there is insufficient other evidence to establish guilt, this could potentially protect you from a conviction.
Insufficient Evidence of Impairment
In South Carolina, facing a drunk driving charge does not solely hinge on having a BAC of .08% or higher. If the prosecution can demonstrate that your ability to drive was significantly impaired, regardless of BAC level, you can still be charged with drunk driving.
In light of this, contesting the prosecution’s claims of impairment is one way to avoid a drunk driving conviction. If insufficient evidence substantiates how your driving capabilities were impaired, a conviction may not be warranted.
Constitutional Rights Violations
Many drunk driving defendants successfully challenge convictions by asserting their constitutional rights. If law enforcement officers violated your constitutional rights during the traffic stop while you were in custody, or if certain aspects of your drunk driving case infringe upon your constitutional rights, this could provide grounds for a motion to dismiss.
Common examples of constitutional violations that can serve as defenses in drunk driving cases include:
James Whalen and Eric Montalvo are equipped to assist you in identifying the most suitable defense strategy for a favorable outcome in your specific case. It is essential to promptly contact our seasoned criminal defense attorney to begin formulating your defense.
How long does a drunk driving stay on your record?
A DUI remains on your driving record forever. Additionally, your insurance rates may increase due to drunk driving. If you remain free of further drunk driving offenses, it will no longer be visible on your driving record after 10 years. However, it will still be accessible through a criminal background check.
Can I get a drunk driving expunged in Greenville?
Unfortunately, expunging drunk driving from your record in Greenville is impossible. The DUI will always be a part of your record, potentially resulting in job loss, particularly if your occupation involves driving. Even years later, having a DUI on your record might present challenges in finding employment. In the event of a future police encounter, officers will also have access to this information on your record.
Can I refuse a field sobriety test in Greenville?
In Greenville, you have the right to decline a field sobriety test. Choosing not to undergo this test does not equate to defying a police officer’s directive, nor does it imply impairment. However, it’s important to note that if the officer already intended to arrest you, they can proceed with the arrest regardless of your decision. It’s worth distinguishing that refusing a breath test has extra consequences, including potential driver’s license suspension, whereas refusing a sobriety test does not entail any additional penalties.
A drunk driving conviction has far-reaching consequences that can significantly disrupt your life. It may lead to incarceration, substantial financial penalties, license suspension, and harm to both your personal and professional standing. Given the gravity of these repercussions, it is crucial to seek proficient legal assistance.
We have a proven track record of effectively contesting and overturning outcomes in numerous drunk driving cases across Greenville. We are committed to taking every available measure to protect you and minimize potential penalties. Contact us at (864) 770-7710 for a free consultation.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
Read Full Bio
Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.
